An Introduction to the Ignition Interlock Device

By Joseph Bernard, Esq.

For multiple Driving Under the Influence (DUI) and Operating Under the Influence (OUI) offenders, the installation of an

ignition interlock device can be part of the agreement to restore driving privileges. Wired directly to the car’s ignition, this device requires drivers to exhale into a tube to register blood alcohol

levels. Periodically, the device will require the driver to test again during operation of the vehicle. Tamper-resistant

technology included in the design alerts law enforcement and the Registry of Motor Vehicles if anyone attempts to bypass the

system. Some states also include a camera in the system to capture the identity of the tester in order to prevent using other

passengers to perform the test.

At present, all 50 states allow ignition interlock devices as an alternative for lengthy jail time, but the specifics

vary for each state law. In Massachusetts, these devices are not mandatory for first time offenders but

are required after each subsequent offense, regardless of how much time elapses between

incidents. If a driver tampers with the device, misses a monthly maintenance appointment, or fails an initial

test, rolling test, or rolling re-test more than one occasion per 30 day period, Massachusetts law

requires the complete revocation of driving privileges.

About the Author: Attorney Joseph Bernard is one of Massachusetts’ leading DUI/OUI

defense lawyers and has tried more than 200 cases to date. He received his J.D. from

Western New England University School of Law in 1990